Allocating the Costs of Harm to Whom They Are Due: Modifying the Collateral Source Rule after Health Care Reform
For decades, the collateral source rule has been a target of tort reform on both state and national levels.1 The… Continue reading →
Comment
-
-
To Copy or Not to Copy, That Is the Question: The Game Theory Approach to Protecting Fashion Designs
Fashion designers in the United States, unlike those in many for- eign jurisdictions, enjoy only limited intellectual property protection for… Continue reading →
-
Scaling the Wall and Running the Mile: The Role of Physical-Selection Procedures in the Disparate Impact Narrative
Since the Supreme Court’s landmark decision in Dothard v. Rawlinson in 1977, gender-based disparate impact litigation has been limited in… Continue reading →
-
Toward a Constitutional Chevron: Lessons from Rapanos
In 2006, the Supreme Court started a revolution in environmental law. In Rapanos v. United States, while addressing jurisdiction over… Continue reading →
-
Construing Crane: Examining How State Courts Have Applied its Lack-of-Control Standard
The Supreme Court recently upheld the constitutionality of a federal statute that authorizes the Department of Justice to civilly commit… Continue reading →
-
Exempt Executives? Dollar General Store Managers’ Embattled Quest for Overtime Pay Under the Fair Labor Standards Act
Beginning in the early 1980s, and continuing for nearly three decades, federal circuit courts unanimously found retail store managers exempt… Continue reading →
-
Subsidizing Fat: How the 2012 Farm Bill Can Address America’s Obesity Epidemic
On a bus in West Philadelphia, a woman feeds her baby an artificial orange beverage from his bottle. The drink… Continue reading →
-
-
-